BILL NUMBER: SB 798	CHAPTERED  09/29/99

	CHAPTER   559
	FILED WITH SECRETARY OF STATE   SEPTEMBER 29, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 28, 1999
	PASSED THE SENATE   SEPTEMBER 7, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 2, 1999
	AMENDED IN ASSEMBLY   AUGUST 30, 1999
	AMENDED IN ASSEMBLY   AUGUST 19, 1999
	AMENDED IN SENATE   JUNE 1, 1999
	AMENDED IN SENATE   APRIL 27, 1999
	AMENDED IN SENATE   APRIL 12, 1999

INTRODUCED BY   Senator Burton

                        FEBRUARY 25, 1999

   An act to amend Section 401 of, and to add Section 72.1 to, the
Streets and Highways Code, relating to highways.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 798, Burton.  Highways:  relinquishment:  Route 101.
   (1) Existing law requires the California Transportation Commission
to relinquish to any city or county any portion of any state highway
within the city or county that has been deleted from the state
highway system by legislative enactment.
   This bill would relinquish to the City and County of San Francisco
(city) a specified portion of State Highway Route 101 and would
specify that the Department of Transportation retains jurisdiction
over another specific portion of Route 101.
   The bill would require the city to utilize any proceeds from the
disposition or use of excess right-of-way for the purpose of
designing, constructing, developing, and maintaining the Octavia
Street Project, as defined, until the city's share of the costs of
that project are paid in full or funded from other sources.  The bill
would impose specific duties on the city and the department with
regard to implementing the Central Freeway Replacement Project, as
defined.
   Because the bill would require the city to undertake certain
duties with respect to the Central Freeway Replacement Project, the
bill would impose a state-mandated local program.
   The bill would require the department to follow certain procedures
if an alternative to the Octavia Street Project is adopted by the
voters in the general municipal election of November 1999.
   The bill would set forth certain related legislative findings.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 72.1 is added to the Streets and Highways Code,
to read:
   72.1.  (a) For purposes of this section, the following terms have
the following meanings:
   (1) "Central Freeway Replacement Project" is the department and
city designated alternative transportation system to the damaged
Central Freeway.
   (2) "City" is the City and County of San Francisco.
   (3) "Freeway Project" includes demolition of the existing commonly
known Central Freeway, construction of a new freeway between Mission
Street and Market Street, and construction of ramps to, and from,
the new freeway.
   (4) "Octavia Street Project" is the improvement of Octavia Street
from Market Street north as a ground level boulevard.
   (b) The Legislature finds and declares all of the following:
   (1) That portion of Route 101 located in the city and commonly
known as the Central Freeway was severely damaged in the 1989 Loma
Prieta earthquake.  This damage to the Central Freeway caused and
continues to cause significant traffic congestion.
   (2) Following the Loma Prieta earthquake, the department and the
city, with substantial public involvement, selected the Central
Freeway Replacement Project as an alternative transportation system
to the damaged Central Freeway in accordance with the requirements of
Section 401.1.  The Central Freeway Replacement Project includes the
Freeway Project consisting of the demolition of the existing Central
Freeway, construction of a new freeway between Mission Street and
Market Street, and the construction of ramps to, and from, the new
freeway, and the Octavia Street Project, consisting of improvement of
Octavia Street from Market Street north as a ground level boulevard.
  The Central Freeway Replacement Project will remediate traffic
congestion problems and allow the city to reclaim unnecessary
rights-of-way for beneficial public uses.
   (3) The implementation of an alternative transportation system is
in the best interests of the people of the State of California.
   (4) No portions of Route 101 north of Fell Street and south of
Turk Street are needed for the Central Freeway Replacement Project or
for the proposed alternative project to be placed before the voters
as Proposition J in the general municipal election of November 1999.

   (c) (1) The Legislature recognizes that the Central Freeway
Replacement Project adopted by the city's voters, as local measure
Proposition E in November 1998 qualifies for the statutory exemption
under Section 180.2.
   (2) The Legislature further recognizes that the proposed
alternative project included in Proposition J also qualifies for the
statutory exemption under Section 180.2.
   (3) Notwithstanding paragraph (1), any development of property
transferred to the city pursuant to this section may, to the extent
required by applicable law, require subsequent environmental analysis
by the city at the time at which the specific proposals for the use
of that property are developed.
   (d) That portion of Route 101 between Market Street and Turk
Street is not a state highway, except that if the proposed
alternative to the Octavia Street Project is approved by the voters
in the general municipal election of November 1999, only that portion
of Route 101 between Fell Street and Turk Street is not a state
highway.
   (e) The department shall retain jurisdiction over the portion of
Route 101 that is between Mission Street and either Market Street or
Fell Street, depending on which project is approved by the voters in
the general municipal election of November 1999, and shall promptly
transfer to the city any portion of Route 101 that is not a state
highway under subdivision (d).
   (f) The following shall apply if the voters do not approve the
alternative project in the general municipal election of November
1999:
   (1) The city shall utilize any proceeds from the disposition or
use of excess rights-of-way for the purpose of designing,
constructing, developing, and maintaining the Octavia Street Project
until the city's share of the costs of that project are paid in full
or funded from other sources.  Upon the full funding of the city's
share of the Octavia Street Project, the city shall utilize any
remaining proceeds from the sale of excess rights-of-way solely for
the transportation and related purposes authorized under Article XIX
of the California Constitution.
   (2) Upon notification to the department by the San Francisco
County Transportation Authority that the city is prepared to
implement an interim traffic management plan, the department shall
proceed expeditiously with demolition of the portion of Route 101
between Fell and Mission Streets.  The department shall design and
construct the Freeway Project, and the city shall design and
construct the Octavia Street Project, and each project shall be
consistent with the Central Freeway Replacement Project.
  SEC. 2.  Section 401 of the Streets and Highways Code is amended to
read:
   401.  Route 101 is from:
   (a) Route 5 near Seventh Street in Los Angeles to Route 1, Funston
approach, and, subject to Section 72.1, the approach to the Golden
Gate Bridge in the Presidio of San Francisco via Santa Barbara, San
Luis Obispo, and Salinas.
   (b) A point in Marin County opposite San Francisco to the Oregon
state line via Crescent City.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
are the result of a program for which legislative authority was
requested by that local agency or school district, within the meaning
of Section 17556 of the Government Code and Section 6 of Article
XIIIB of the California Constitution.
